Many couples wonder about the differences between contested vs. uncontested divorce. Often at least one of the spouses would like to explore their options or find a way to end the marriage without unnecessary stress. Or maybe they would like to quickly end a situation that no longer works for their family and their future. Below, our experienced divorce attorney at Beller Law, PL explains the differences between contested vs. uncontested divorce in Florida.
Divorce in Florida
What is a contested vs. an uncontested divorce? Before discussing this, it’s important to understand the basic requirements for a divorce in Florida.
Residency
First, no matter if you’ll experience a contested or uncontested divorce in Florida, you must first meet Florida’s residency requirements. This means that to get a divorce in Florida, either you or your spouse must live in Florida for at least six months before filing for divorce.
Grounds for Divorce
You also must have legal grounds for divorce. In Florida, the most common ground for divorce is the irretrievable breakdown of the marital relationship. This is Florida’s version of no-fault divorce and is the most commonly used ground for divorce.
But Florida also has another ground for divorce: a spouse’s mental incapacity for three years or more. If you select this ground, you’ll have to prove your spouse’s mental incapacity in court with credible evidence.
Legal Marriage
You must also have a legally valid marriage before you can get a divorce in Florida. This means you need a marriage license, and someone authorized in accordance with Florida law must have performed the marriage ceremony.
Contested vs. Uncontested Divorce in Florida
In a divorce, many issues must be addressed and resolved before you can legally end your marriage. The parties will split their assets and debts, deal with child custody and time-sharing, and someone may have to pay child or spousal support. In an uncontested divorce, the parties largely agree on all of these issues, including the need for divorce. In a contested divorce, however, the parties disagree on some or all aspects of the divorce. We’ll explain some of the larger differences below.
What Is an Uncontested Divorce?
In an uncontested divorce, both spouses agree on all of the significant issues, such as the following:
- The grounds for the divorce,
- How to divide all marital assets and debts,
- Child custody and time-sharing, and
- Spousal and child support.
The spouses agree to all of these terms before going to court to finalize the divorce, and the terms are reflected in a comprehensive written divorce agreement that the spouses or their attorneys draft. This agreement makes the divorce process smoother and much faster. However, even if the spouses agree on all of the terms, they’ll still have to go to a final divorce hearing. At the hearing, a judge reviews the agreements and finalizes the divorce.
Types of Uncontested Divorces
There are two types of divorce in Florida: a simplified dissolution of marriage and a regular dissolution of marriage. Thus, there are two potential types of uncontested divorces.
Florida’s simplified dissolution requires a great deal of agreement and cooperation between the spouses before the divorce is filed. To qualify for a simplified dissolution, you and your spouse must:
- Agree to a simplified dissolution,
- Agree that the grounds for divorce are irreconcilable differences,
- Not share any minor children,
- Not ask for alimony or spousal support,
- Waive your rights to a trial and appeal, and
- Already agree on how to divide your assets and liabilities.
A simplified dissolution is the fastest and most efficient way to get a Florida divorce, but is only for a limited type of situation..
A regular dissolution is a more typical divorce case because if you have children or need alimony, you cannot get a simplified dissolution—even if you agree on all the terms and your divorce is uncontested.
How Long Does an Uncontested Divorce Take?
Perhaps you’re wondering, How long does an uncontested divorce take? Florida has a minimum 20-day waiting period that must elapse after you file for divorce before a judge can issue a final divorce decree. An uncontested, simplified divorce is the fastest way to get a divorce, and this can be done after the 20 days elapses.
But even if your dissolution is not simplified, a regular uncontested divorce doesn’t take nearly as long as a contested divorce. This is because the couple does not have to attend multiple meditations and court dates, argue over details, or go to trial to get their divorce finalized. Once the parties agree to the terms, their attorneys can file the divorce agreement with the court and request a final hearing.
What Is a Contested Divorce?
A contested divorce is the opposite of an uncontested divorce. In a contested divorce, the spouses do not agree on some or all aspects of the divorce. One of the spouses might not even want the divorce at all. Because they cannot agree, they’ll have to go through the full judicial process.
First, they’ll exchange financial information and other documents. If there are children, the court could order an investigation or appoint someone to represent the children’s interests for custody and time-sharing purposes. It’s also likely the court will order the parties to meet with a mediator to attempt to resolve the issues and reach an agreement. If the parties fail to agree on the terms, they’ll go to trial. At trial, each side presents its case, and the judge decides on every aspect of the divorce. This is not ideal because as much as a judge tries, they do not know you or your family and have comparatively little time to consider all of the details that each side may believe is important. It’s always best for the spouses to reach an agreement that they can each live with. But if the couple simply cannot agree, a judge will make the decisions for them.
So how long does a contested divorce take? Because of all of the steps involved and delays in the court system, a contested divorce can take significantly longer than an uncontested divorce. There is no set length of time, but it is not unusual for a contested divorce to take up to a year or even longer. High-net-worth divorces typically take the longest because there are many assets to split up.
Our Highly Skilled Attorney Can Help
Whether you’re facing a contested or uncontested divorce, you need an experienced advocate who can fight for your best interests. At Beller Law, PL, our knowledgeable divorce lawyer knows the law, knows the judicial system, and can guide you smoothly through this daunting process. We proudly serve Duval, St. Johns, Clay, Nassau, and Putnam counties. Contact us today.